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Proving fault after medical complications

| Jun 19, 2019 | Firm News, Medical Malpractice

If you have had a negative experience when receiving health care, the implications may be serious enough for you to want to take legal action. This is understandable, because you likely suffered financially, physically and emotionally as a result of the incident.

However, if you want to be successful in gaining damages from your Indianapolis health care provider, you will need to be able to prove fault. This can often be difficult to do, especially in complex situations. However, by understanding the law and by knowing how fault can be established, you will be better equipped to take effective action. The following are some ways in which fault can be proven in a medical malpractice case.

Proving that negligence was present

In most situations, plaintiffs seek to show that the medical professional or health care provider was negligent in some way. In order to do this, you will need to show that a breach of duty took place, such as the doctor’s duty to keep you safe. In addition, the breach of duty must be causally linked to the damages.

Careless or reckless prescription

It can be possible to take legal action as a result of being prescribed inappropriate medication. Physicians have the duty of prescribing medication that will have the highest probability of benefiting the patient. In addition, risk assessments should be conducted, and the patient should be advised of all possible side effects.

Informed consent

Patients should always be aware of the risks and possible consequences of procedures to which they give their consent. If you consented to having an operation, for example, but you were not made aware of some of the possible consequences of this operation, you may be able to take action if you suffered damages. This is because it is not possible to consent to something when you do not have an adequate amount of information.

If your life has been negatively affected by the actions of your health care provider, it is important that you do not suffer in silence. By taking swift action, you may be able to gain significant damages that could help you to live a better life in the future.